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(영문) 부산지방법원 2020.06.05 2019나54252
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. The first instance court’s determination on the legitimacy of an appeal for subsequent completion was followed by the procedure of service by public notice to the Defendant, and the judgment was rendered on May 28, 2019, and the Defendant had the same year.

7. Around 25.25. Around the same month, a subsequent appeal was filed on the 31st of the same month on the ground that he/she became aware of the proceeding of the instant lawsuit.

Before July 25, 2019, the Defendant appears to have failed to know about the progress of the first instance trial, and there is no reason for such failure.

Therefore, the appeal by the defendant is legitimate.

2. Basic facts

A. As to the Plaintiff’s acquisition of the right to collateral security (hereinafter “instant land”) ① on March 5, 2012, the additional registration of the transfer of the right to collateral security was completed on the ground of the transfer of the F Asset Management Company’s established claim in the future, and ③ on November 20, 2017, the Plaintiff completed the additional registration of the transfer of the right to collateral security (hereinafter “mortgage”) with respect to the said right to collateral security (hereinafter “instant land”).

B. On October 29, 2012, regarding the land of this case, the Defendant’s right to collateral security and right to collateral security (hereinafter “instant right to collateral security”) completed the registration of creation of mortgage (hereinafter “instant right to collateral security”) with regard to the right to collateral security (hereinafter “right to collateral security”) and the right to collateral security (hereinafter “right to collateral security”) with regard to the right to collateral security (hereinafter “right to collateral security”) and the right to collateral security (hereinafter “right to collateral security”) with regard to the right to collateral security (hereinafter “right to collateral security”) with regard to the right to collateral security (hereinafter “right to collateral security”) and the right to collateral security (hereinafter “right to collateral security”) with regard to the right to collateral security (hereinafter “right to collateral security”) with regard to the right to collateral security (hereinafter “right to collateral security”).

C. The Plaintiff’s principal to the Defendant Defendant 13,294,750 10,892,720,000,000,000,000 37,797,359,127,679,916 interest 167,797,359 127,679,916 interest of 167,797,359 127,679,916 00,000 of the sales price for the land of this case, Kim Jong-ri, Kim Jong-si, the creditor of the claim for dividends of the sales price for the land of this case and 13,294,94,750.

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